Tempo Privacy Policy

Effective date: February 26, 2020

Tempo Interactive Inc. d/b/a Tempo (“Tempo,” “we,” “our,” or “us”) is a provider of fitness technology hardware and services that blend computer vision, machine learning, and human expertise to deliver a superior training experience. We recognize that your privacy is important, and that your choice to share information with us is a critical part of how we can try to improve your overall fitness. Transparency is vital to protecting people’s privacy. We’ve developed this privacy policy to explain our technologies and to describe how and why we collect, use, and share your information both online and through our devices.

This privacy policy explains how we collect, use, and share your information, and some of the choices you may have. This privacy policy applies to our collection of personal information through our websites and mobile applications, including tempo.fit (our “Sites”), through your use of our live and pre-recorded fitness classes and other services available through your Tempo device and subscription, and from your interactions directly with us (collectively, our “Services”).

Please note that this privacy policy does not cover or apply to our processing of information about employees, contractors, trainers or other business partners. We may provide additional privacy policies to you at the time we collect your information, which will govern how we process the information you provide at that time.

BY PROVIDING US WITH YOUR PERSONAL INFORMATION OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY NOTICE AND OUR TERMS OF SERVICE.

INFORMATION WE COLLECT AND USE

When we use the term “personal information,” we mean any information that can be used to identify you, directly or indirectly, as an individual person.

We collect your information from a variety of sources:

  1. Information You Provide to Us.
  2. We collect and use personal information you provide to use in the following ways:

    • Communications If you communicate with us through any paper or electronic form, we collect your contact information, such as your name, address, email address and phone number, the content of the communication and the metadata associated with the communication. We use this information to investigate and respond to your inquiries and to communicate with you, including through the website or by email, mail, phone, text message, push notification, chat or any other paper or electronic form.
    • Newsletters If you sign up to receive news or alerts from us or register for an account, we collect your contact information, applicable interests and communication preferences in order to send you regular updates about the Services. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, please see the “Online Privacy Choices" section below.
    • Registering and Subscribing If you register for an account or subscribe to our Service, we will collect your contact, registration and billing information, including your name, age, payment information, physical address, email address, username and password, and basic information about your fitness lifestyle and goals. You may also connect your user profile with other Tempo users and trainers to follow their activities and share your own. We use this information to complete your transaction, manage your subscription, enable you to create a user profile, enable social sharing within the Services, communicate with you about your subscription, for customer support purposes and to provide you with personalized recommendations for your workouts.
    • Ordering If you purchase Tempo equipment, including the Tempo device, weights and a heart rate monitor, we will collect your contact, shipping and billing information, including your name, payment information, physical address and email address. We will use this information to complete your transaction, fulfill your order, communicate with you about your order, ship you the product you ordered and for customer support purposes.
    • Classes and Training When you sign up for classes and training session and otherwise use the Services, we collect your availability, profile information, including training history, fitness goals and your preferences for a trainer or class style. We will use this information to better personalize your workout and for customer support purposes.
    • Employment Applications If you apply for employment, we collect your contact and demographic information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide. We use this information to evaluate your candidacy for employment, to communicate with you during the application process and to facilitate the onboarding process.
    • Events, Surveys, Contests or Sweepstakes If you fill out any forms relating to Tempo events, surveys, contests or sweepstakes, we collect your contact and demographic information and any other information requested on the form. We use this information to fulfill the purpose of the form and facilitate the event, contest, survey, contest or sweepstakes, and to inform you about future programs that may be of interest to you.
    • Tempo User Support If you contact our customer support or file a support claim with us, we collect information about your account, your device, information relating to your user support requests and any other information you choose to provide. We use this information to administer your account and to evaluate and respond to your request.
  3. Information from Third Party Sources
  4. We may receive personal information about you from our business partners and service providers and combine this information with other information we collect from or about you. The third parties may include the Apple App Store or Google Play App Store, social media sites such as Facebook where you have interacted with us or made your profile public via your privacy settings, website operators, payment processors, marketing partners, shipping providers, job application platforms, references, background check providers and recruiters. The information may include contact information, demographic information, interests, information about your orders, social media profiles, educational and professional history, background checks and performance reviews. We use this information to administer and facilitate our Services, your orders, our marketing activities, to provide you with information about our business and Services, and for the discovery and evaluation of job candidates.

  5. Information we Collect Automatically
  6. We use various technologies to collect information about the device or browser you use to navigate our Sites, or from your use of our Services, including:

    • Workout Data When you participate in a class or training program our systems automatically collect information about your workout history, such as your total number of classes taken, the dates you took those classes, fitness performance history (including leaderboard rank, achievements earned, total output, calories burned, range of motion data), and, to the extent you have worn a heart rate monitor that you have connected to your fitness equipment, information about your heart rate over the course of the class. Our 3D computer vision technology also senses your body movements and kinetics, so that every rep is counted and so you can get feedback on your form in real-time. Additionally, Tempo equipment and Sites may make use of your sensor array, which – at your direction – enable us to give you real-time feedback and to let you communicate with other users. We use this information to help you track your progress, to enable and facilitate our classes, training sessions and the other Services, and to enable you to build your user profile and share your successes with your friends.
    • Web Logs and Usage Data As is true of many websites, email communications and online services, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this data to analyze trends on our Sites, manage and administer the content, for security and availability of the Services, improve the performance of the Services, and for fraud protection and to protect our rights and the rights and safety of individuals. Additionally, we may collect a record of the workouts and programs you have accessed on the Services, including titles, trainers, date, time, duration of the program and the duration of your participation, which we use for our own internal analytics and to recommend other content you may find interesting.
    • Cookies and Other Data Collection Technologies We and our service providers use cookies, scripts and similar technologies to manage the Sites and to collect information about you and your use of our Sites. These technologies help us to recognize you, customize or personalize your experience, advertise products or services to you and analyze the use of our Sites to make them more useful to you. These technologies may also allow us to aggregate demographic and statistical data and provide this information to our service providers to facilitate their provision of services. Most Internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your Internet browser, or access how to control cookies. Please note, however, that disabling our cookies may result in your inability to take full advantage of all of the features of our Services.
    • Location Information We may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your smart device’s proximity to location beacons. We may use this type of information to enhance your user experience (such as using location information to provide you with content tailored to your region), to better understand your interaction with our Services, or to enable you to track your outdoor fitness activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your smart device or contact us using the information below for additional support.
    • Google Analytics We use “Google Analytics” to collect information about your use of the Services. Google Analytics collects information such as how often users access the Services, what pages they access when they do so and what other sites they used prior to using the Services. We use the information we get from Google Analytics only to improve the Services. To learn more about the use of data collection technologies by Google for analytics and to exercise choice regarding those technologies, please visit the Google Analytics Opt-Out browser add-on page.
  7. Other Uses of Personal Information
  8. In addition to the uses described above, we may collect and use personal information for the following purposes:

    • To develop, maintain, improve and operate the Services.
    • To personalize your user experience.
    • To communicate with you to provide technical or administrative support.
    • To conduct, manage and grow our organization.
    • To analyze, research and investigate the use of our Services.
    • To prevent, investigate and provide notice of fraud, unlawful or criminal activity, unauthorized access to or use of personal information, the Services or our data systems, and to meet legal, regulatory, judicial and institutional policy obligations.
    • To protect the health and safety of our users and the general public.
    • To investigate and resolve disputes and security issues and to enforce our Terms of Service.
    • For any other lawful, legitimate business purpose.
HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION

We may share your personal information in the following ways:

  • Service Providers We share personal information with third-party service providers who perform services on our behalf, such as job application platforms, background check providers, recruiters, event coordinators, market research providers, advertising partners and technology providers (including technology support providers, email communications providers, analytics providers, data storage providers and web and video hosting providers and developers) and fitness instructors.
  • Business Partners At your request or for purposes otherwise consistent with this privacy policy, we may disclose personal information to our third-party business partners to promote their products or services.
  • Other Users Information included in your user profile, including your workout history and achievements earned through the Services, and if you have provided it, your profile photo, location, and age, may be available to other users by default, which means that other registered users will also be able to view this information, and contact or follow you through the Services. You have the option to set your profile to “Private,” which means you will not appear on public leaderboards or be discoverable by other users.
  • Payment Processors When you make purchases through the Services, we process your payments through a third-party application, such as an App Store or, in the case of purchases through the website or our equipment, via a third-party payment processor. In these instances, the third-party application may collect financial information from you to process your payment on our behalf, including your name, email address, address, payment card information and other billing information. The use and storage of your financial information is governed by the third-party app’s terms, conditions and privacy policies.
  • Regulatory or Legal Requirements, Safety and Terms Enforcement We may disclose personal information to governmental regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations. We may also disclose personal information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or any other person, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made.
  • Business Transfers We may disclose personal information as part of an organizational business transaction, such as a merger, acquisition, joint venture, financing, or sale of organizational assets and may transfer personal information to a third party as one of the business assets in such a transaction. We may also disclose personal information in the event of insolvency, bankruptcy, or receivership.
  • At Your Request We may disclose your information publicly or with another third party with your prior authorization.
ONLINE PRIVACY CHOICES
  1. Information You Provide to Us.
  2. We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use data collection technologies to understand how our Services are being used and to analyze your location and browsing history in order to deliver advertising relevant to your interests, as well as to provide advertising-related insights such as reporting, attribution, analytics, and market research. These advertisements may appear on our Services or other websites or services, including through social media networks. These Ad Partners may be able to associate devices across third party websites or services over time and link various devices used by the same individual.

    For more information about how Ad Partners use the information collected by these technologies and your options for restricting cookies placed by some of these Ad Partners, please visit the DAA’s opt-out page. The DAA’s opt-outs are device- and browser-specific and may not work on all devices. If you choose to opt-out through the DAA’s tools it does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.

    You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting app choices and downloading the mobile AppChoices app.

  3. Privacy Preferences
  4. You have some choices regarding how we use your personal information, including the following:

    • Access to Your Mobile Device Information You may control the Site’s access to your mobile device information through your “Settings” app on your device. For instance, you can withdraw permission for the Sites to access your geolocation, camera and to integrate with your other applications.
    • How to Control Your Email Communications Preferences You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications or by emailing us at hello@tempo.fit. You may not opt-out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
    • How to Control Push Notifications You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
    • Modifying or Deleting Your Information If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at hello@tempo.fit. We may not be able to modify or delete your information in all circumstances.
CHILDREN’S PRIVACY

These Services are not designed to be used by minors. As such, we do not knowingly collect or solicit any information from anyone under the age of 13 on the Services and the Services are not targeted towards anyone under the age of 13. In the event that we learn that we have inadvertently collected personal information from someone under age 13, we will delete that information as quickly as possible. If you believe that we might have received information from a child under 13, please contact us at hello@tempo.fit.

LINKS TO OTHER WEBSITES AND SERVICES

The Services may contain links to third party websites or services, including those of our business partners and social media sites. Our Services may also include buttons and widgets hosted by other companies (for example, the Facebook, Instagram, Twitter, LinkedIn and YouTube “Share” buttons). Some of these features collect personal information or other information such as your IP address and information about the websites you have visited.

This privacy policy does not apply to the practices of these or any other third parties. Tempo is not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies and terms of those third parties to learn more about their privacy practices.

HOW TO CONTACT US

If you have any questions about this privacy policy or the Services, please contact us by email at hello@tempo.fit

CHANGES TO OUR PRIVACY POLICY

This privacy policy is subject to occasional revisions. We will notify you of the changes by posting the new privacy policy on the Sites and updating the effective date. We encourage you to check this page periodically to stay informed about how we are processing personal information.

Terms Of Service

Last modified: February 26, 2020

Tempo Interactive Inc., d/b/a Tempo (“Tempo,” “we,” “our,” or “us”) is a provider of fitness technology hardware and services that blend computer vision, machine learning and human expertise to deliver a superior at-home training experience. This page explains the terms and conditions by which you may visit our websites and social media pages and use our hardware, software and online and mobile technology solutions (collectively, our “Service”). By accessing or using our Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), and to the collection and use of your information as set forth in our Privacy Policy available at www.tempo.fit/privacy-policy (our “Privacy Policy”), whether or not you are a registered user of our Service. We reserve the right to modify this Agreement and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access our Service (collectively, “Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

  1. Our service
    • Eligibility
    • This is a contract between you and Tempo. You must read and agree to this Agreement before using our Service. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to our Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our Service is not available to any Users we previously removed from our Service.

    • Access and Use
    • Subject to your compliance with the terms and conditions of this Agreement, you may access and use our Service solely for your personal, non-commercial use. We reserve all rights not expressly granted by this Agreement in and to our Service and our Intellectual Property (defined below). We may suspend or terminate your access to our Service at any time for any reason or no reason.

    • Restrictions
    • You will not, and you will not assist, permit or enable others to, do any of the following:

      1. use our Service for any purpose other than as expressly set forth in Section 1.2 above;
      2. disassemble, reverse engineer, decode or decompile any part of our Service;
      3. use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Service;
      4. copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property;
      5. remove any copyright notices or proprietary legends from our Service;
      6. use our Service in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Service or any other User’s use of our Service; or (iii) the behavior of other applications using our Service;
      7. use our Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
      8. use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
      9. use our Service for benchmarking or competitive analysis of our Service;
      10. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service;
      11. transmit viruses, worms, or other software agents through our Service;
      12. impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose;
      13. share passwords or authentication credentials for our Service;
      14. bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content;
      15. identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;
      16. identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under this Agreement, without our express written consent.
    • User Accounts
    • Your account on our Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to our Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

      You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.

      You may control certain aspects of your User profile and how you interact with our Service by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting Tempo support at hello@tempo.fit or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however opting out will not prevent you from receiving Service-related notices.

      You acknowledge that you do not own the User Account you use to access our Service. Notwithstanding anything in this Agreement to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.

    • User Data
    • As part of our Service, we will collect data, content and information, including video, audio and personal information, that you provide to us or that is collected by us or via the Service, including without limitation Workout Data as described in our Privacy Policy (“User Data”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain our Service for you and, solely in anonymous or aggregate form, to improve our products and services and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). In connection with your User Data, you affirm, represent and warrant that: (a) you have the written consent of each and every identifiable natural person in the your User Data regarding such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) your User Data and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible and indemnify us for your User Data.

    • Changes to our Service
    • We may, without prior notice, change our Service; stop providing our Service or features of our Service, to you or to Users generally; or create usage limits for our Service. We may permanently or temporarily terminate or suspend your access to our Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

    • Interactions with Other Users
    • You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.

    • Firmware License
    • Subject to your compliance with this Agreement, Tempo grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the software (our “Firmware”) pre-installed on your Tempo device and related hardware (the “Tempo Device”), as part of your use of the Tempo Device for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on Tempo Firmware; (ii) distribute, transfer, sublicense, lease, lend or rent Tempo Firmware to any third party; (iii) reverse engineer, decompile or disassemble Tempo Firmware; or (iv) make the functionality of Tempo Firmware available to multiple users through any means. While you are expressly prohibited from commercially reselling the Tempo Device, you may give the Tempo Device as a gift, and, for the avoidance of doubt, this Agreement applies to any gift recipient. You are responsible for ensuring that the gift recipient receives these terms. You acknowledge that Tempo may from time to time issue upgraded versions of Tempo Firmware, and may automatically electronically upgrade the version of Tempo Firmware that is on the Tempo Device. You consent to such automatic upgrading on the Tempo Device, and agree that such upgrades are Firmware under this Agreement. Tempo reserves all rights in and to Tempo Firmware not expressly granted to you under this Agreement. All Firmware is protected by U.S. copyright law and international treaties. Any Firmware is licensed to you, not sold. Third-party code incorporated in Tempo Firmware may be covered by an applicable open source or third-party license licenses authorizing use of such code, and by using the Tempo Device you agree to be bound by the terms thereof. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. All Firmware and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202.

    • Service Location
    • Our Service is controlled and operated from facilities in the United States. Those who access or use our Service from other jurisdictions are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

  2. Our Intellectual Property
  3. You acknowledge and agree that our Service and all materials and content displayed or made available on our Service, and all software, algorithms, code, technology and intellectual property underlying and included in or with our Service, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited.

    You may choose to, or we may invite you to submit, comments or ideas about our Service, including without limitation about how to improve our Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

  4. Your Content
  5. Some areas of the Service allow you to post content such as profile information, comments, questions, and other content or information (“your Content”). We claim no ownership rights over your Content. Your Content remains yours; however, by sharing your Content through the Service, you agree to allow others to view, edit, and/or share your Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any of your Content that is shared via the Service.

    You agree that your Content will not include any content or materials that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that your Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but we are not obligated, to reject and/or remove any of your Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

    In connection with your Content, you affirm, represent and warrant that: (a) you have the written consent of each and every identifiable natural person in the your Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) your Content and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; (c) we may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (d) to the best of your knowledge, all of your Content and other information that you provide to us is truthful and accurate.

    We take no responsibility and assume no liability for any of your Content. You shall be solely responsible for your Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to your Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of your Content.

  6. Additional Terms for Mobile Applications
    • Mobile Applications We may make available software to access our Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. We do not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one or more mobile devices owned or leased solely by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of our Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and our Service.
    • Mobile Applications from Apple App Store The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Tempo, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Tempo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
    • Mobile Applications from Google Play Store The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Tempo only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Tempo, and not Google, is solely responsible for our Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Google-Sourced Software.
  7. Instructions; Restrictions; Warnings; Disclaimers.
  8. Please carefully read any and all instructions that come with the Tempo Device, including instructions that may be available online on our website or by contacting Tempo support at hello@tempo.fit. You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any or all of the following activities:

    • WARNING: MISHANDLING THE TEMPO DEVICE MAY RESULT IN SERIOUS INJURY OR IMPARIED FUNCTIONALITY. Do not push, kick, punch, knock over, or lay the Tempo Device on the Tempo Device’s side. Supervise children and domestic animals around the Tempo Device.
    • WARNING: the Tempo Device may contain BPA, a chemical known by the state of California to cause cancer, birth defects or other reproductive harm. For more information, visit bisphenol-bpa.
    • WARNING: To avoid hearing damage, ensure the Tempo Device's speaker volume is set appropriately.
    • WARNING: DO NOT PERFORM YOUR OWN MAINTENANCE ON THE TEMPO DEVICE. If the Tempo Device requires maintenance, please contact customer service at hello@tempo.fit.
    • WARNING: ONLY USE THE CHARGER TEMPO PROVIDES TO CHARGE THE TEMPO DEVICE.
    • WARNING: DO NOT EXPOSE THE TEMPO DEVICE OR THE CHARGER TO EXTREME HEAT OR MOISTURE. RISK OF FIRE, ELECTRIC SHORT, OR SERIOUS INJURY. DO NOT KEEP THE TEMPO DEVICE OR THE CHARGER NEAR A FIREPLACE, WASHING MACHINE, DISHWASHER, REFRIGERATOR, OR OTHER HOUSEHOLD APPLIANCE.
    • WARNING: READ THE USER MANUAL PRIOR TO USE AND FOLLOW ALL WARNINGS AND INSTRUCTIONS.
    • WARNING: SET UP AND OPERATE ON A SOLID, LEVEL SURFACE.
    • WARNING: DO NOT USE THE TEMPO STUDIO FOR ANYTHING OTHER THAN ITS INTENDED PURPOSE.

    In addition you hereby acknowledge and agree to the following warnings, instructions, and disclaimers:

    We do not guarantee that the Tempo Device or its functionality or content is accurate, reliable, always available, or complete. You may encounter content through the Tempo Device that you find offensive, indecent, or objectionable. Tempo has no responsibility or liability for such content. We have endeavored to be as accurate as possible in describing and displaying the features of the Tempo Device; however, there is no warranty or guarantee that the quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.

    Your use of any third party services or products in connection with your use of the Tempo Device is subject to this Agreement and any third party terms applicable to such third party services or products. When using any third party services or products you are responsible for any information you provide to the third party. Your use of third party services or products may incur usage and/or data charges, you are responsible for any such charges. Tempo has no responsibility or liability for any third party services or products.

    You acknowledge that you are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider or other Internet connectivity service provider whose service is compatible with the Tempo Device.

  9. Charges and Payment
    1. Billing Policies By using the Service, you agree to our pricing and payment terms as we may update them from time to time. Unless otherwise specified at the time of purchase, you must pay for your Tempo Device when you place your order. You acknowledge that the amount billed may vary due to changes in applicable fees, promotional offers and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
    2. Subscription Plans You agree to make payments, and we will automatically charge the payment method associated with your User Account (“Payment Method”), as described below for so long as your User Account remains active. We may offer plans that you can sign up for that allow you to use certain aspects of the Service (a “Subscription Plan”). Subscription Plans may set allotments for use of designated Service aspects. Use of Service aspects in excess of a Subscription Plan’s designated allotment may result in additional fees, as specified in the plan. Subscription Plans may be offered for a fee or other charge for a set period of time of Service use (e.g., monthly, or annually) (a “Subscription Period”). If you elect to use a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout and herein, as we may update them from time to time. We may change Subscription Plans by offering new services for additional fees and charges and adding or amending fees and charges for existing Subscription Plans/services, at any time in its sole discretion. Any change to a Subscription Plan’s pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. All Subscription Plans will automatically renew until cancelled by you. If you do not want a Subscription Plan to renew, please cancel it at least three days before the end of the Subscription Period. If we terminate your Subscription Plan, we will grant you a prorated refund for the remaining unused portion of your Subscription Period. You are not entitled to a refund for any Subscription Plan that you cancel.
    3. Payment Information; Taxes You must provide Tempo with a current, valid, accepted Payment Method. You hereby authorize Tempo (through our third-party payment providers) to bill the fees to your Payment Method, along with any applicable taxes or additional fees due during the billing period. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with our Service must be accurate, complete, and current. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
    4. Third-Party Payment Provider We use Stripe as our third party service provider for payment services. By using our Service you agree to be bound by Stripe’s Services Agreement available at stripe.
  10. Shipping and Returns
    1. Shipping All products ordered will be delivered to the shipping address you provide. If Tempo provides an expected shipping date, such date is an estimate and subject to change. Tempo shall not be liable for any change in such expected shipping date. You will be notified via email if there is an issue that will delay your delivery beyond the expected delivery date. Your billing and shipping addresses may be different. We will arrange for packing and shipment of the Tempo Device to you; provided that we may charge you if you change your shipping address after ordering the Tempo Device. Scheduled shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to ship the Tempo Device to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any losses, damages or penalties due to any delays in shipments or deliveries.
    2. Refunds You may request to return the Tempo Studio to Tempo at no charge for a full refund of the amount you paid for the Tempo Studio at any time within thirty (30) days of receiving your Tempo Studio (or any such longer period as required by applicable law or offered by Tempo at the time of sale, the “Return Period”).

      This money-back guarantee (i) applies only to Tempo Studios that were installed by Tempo or our authorized delivery and installation agents, and (ii) does not cover dissatisfaction caused by ordinary wear and tear or damage caused by improper use or accidents, subject to the terms of our Limited Warranty. Damage to the Tempo Studio upon receipt of delivery must be notated upon delivery. Please thoroughly inspect your Tempo Studio and report any damage within 48 hours to the delivery company and Tempo support.

      Per the terms of the Limited Warranty, if a defect arises in the Tempo Studio or a warranted component within the applicable Limited Warranty period, your sole and exclusive remedy is for Tempo to, at Tempo’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Tempo Studio or component with the same or a comparable model or, if agreed by the parties, Tempo may provide a credit in such amount toward your purchase of a new Tempo Studio. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
    3. Returning Your Device Tempo will offer at no charge packaging and shipping for your return in the event you return the Tempo Studio due to a defect; for all other returns, you are responsible for paying between $250 and $350 USD, depending on location, for all associated packing and shipping costs.

      Your Tempo Studio is expected to be returned in the same condition that it was received. If there are missing accessories or damage to the equipment that was not noted upon receipt, a fee will be associated for refurbishment and repair that will be deducted from your purchase price prior to refund.

      To request a return or report a defect, please email our customer service department at hello@tempo.fit and provide your name, contact information and the serial number on the Tempo Studio. Nothing in this Return Policy will reduce or otherwise affect your statutory rights in relation to the Tempo Studio.
  11. No Professional Advice
  12. If the Service provides professional information (for example, medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

  13. Privacy
  14. We care about the privacy of our Users. You understand that by using our Service you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy available at www.tempo.fit/privacy-policy, and to have your personal information collected, used, transferred to and processed in the United States.

  15. Security
  16. Please carefully read any and all instructions that come with the Tempo Device, including instructions that may be available online on our website or by contacting Tempo support at hello@tempo.fit. You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any or all of the following activities:We care about the integrity and security of your personal information. We use physical, managerial, and technical safeguards in its sole discretion to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  17. Disclaimer of Third-Party Links and Products
  18. THE SERVICE MAY CONTAIN THIRD-PARTY MATERIALS OR LINKS TO THIRD-PARTY MATERIALS THAT ARE NOT OWNED OR CONTROLLED BY TEMPO. TEMPO DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM THE SERVICE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND TEMPO’S PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SITES. YOU EXPRESSLY RELIEVE TEMPO FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION THIRD-PARTY MATERIALS AND USER CONTENT SUBMITTED BY OTHER USERS. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT TEMPO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

  19. Indemnity
  20. You agree to defend, indemnify and hold harmless Tempo and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Data including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our Service with your unique username, password or other appropriate security code.

  21. No Warranty
  22. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEMPO OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TEMPO, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE.

    FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  23. Limitation of Liability
  24. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEMPO, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (VII) YOUR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TEMPO, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TEMPO HEREUNDER OR $100.00, WHICHEVER IS GREATER.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  25. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
    1. Governing Law. You agree that: (i) our Service shall be deemed solely based in California; and (ii) our Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
    2. Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. For any dispute with Tempo, you agree to first contact us at hello@tempo.fit and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and we agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
    3. Class Action/Jury Trial Waiver WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  26. General
    1. Assignment This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    2. Notification Procedures and Changes to the AgreementWe may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in this Agreement or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of our Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any part of this Agreement or any future Terms of Service, do not use or access (or continue to access) our Service.
    3. Entire Agreement/Severability This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with our Service, shall constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of our Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
    4. No Waiver No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    5. Contact Please contact us at hello@tempo.fit with any questions regarding this Agreement.
    6. California Residents The provider of our Service is Tempo Interactive Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.